23-20-1 - Enforcement authority of conservation officers -- Seizure and disposition of property. - Utah Statutes

23-20-1. Enforcement authority of conservation officers -- Seizure and dispositionof property.
(1) Conservation officers of the division shall enforce the provisions of this title with thesame authority and following the same procedures as other law enforcement officers.
(2) (a) Conservation officers shall seize any protected wildlife illegally taken or held.
(b) (i) Upon determination of a defendant's guilt by the court, the protected wildlife shallbe confiscated by the court and sold or otherwise disposed of by the division.
(ii) Proceeds of the sales shall be deposited in the Wildlife Resources Account.
(iii) Migratory wildfowl may not be sold, but must be given to a charitable institution orused for other charitable purposes.
(3) Materials and devices used for the unlawful taking or possessing of protected wildlifeshall be seized, and upon a finding by the court that they were used in the unlawful taking orpossessing of protected wildlife, the materials and devices shall be subject to criminal or civilforfeiture under the procedures and substantive protections established in Title 24, Chapter 1,Utah Uniform Forfeiture Procedures Act.
(4) (a) Conservation officers may seize and impound a vehicle used for the unlawfultaking or possessing of protected wildlife for any of the following purposes:
(i) to provide for the safekeeping of the vehicle, if the owner or operator is arrested;
(ii) to search the vehicle as provided in Subsection (2)(a) or as provided by a searchwarrant; or
(iii) to inspect the vehicle for evidence that protected wildlife was unlawfully taken orpossessed.
(b) The division shall store any seized vehicle in a public or private garage, state impoundlot, or other secured storage facility.
(5) A seized vehicle shall be released to the owner no later than 30 days after the date thevehicle is seized, unless the vehicle was used for the unlawful taking or possessing of wildlife bya person who is charged with committing a felony under this title.
(6) (a) Upon a finding by a court that the person who used the vehicle for the unlawfultaking or possessing of wildlife is guilty of a felony under this title, the vehicle may be subject tocriminal or civil forfeiture under the procedures and substantive protections established in Title24, Chapter 1, Utah Uniform Forfeiture Procedures Act.
(b) The owner of a seized vehicle is liable for the payment of any impound fee if he usedthe vehicle for the unlawful taking or possessing of wildlife and is found by a court to be guilty ofa violation of this title.
(c) The owner of a seized vehicle is not liable for the payment of any impound fee or, ifthe fees have been paid, is entitled to reimbursement of the fees paid, if:
(i) no charges are filed or all charges are dropped which involve the use of the vehicle forthe unlawful taking or possessing of wildlife;
(ii) the person charged with using the vehicle for the unlawful taking or possessing ofwildlife is found by a court to be not guilty; or
(iii) the owner did not consent to a use of the vehicle which violates this chapter.

Amended by Chapter 185, 2002 General Session